This case was last updated from Los Angeles County Superior Courts on 09/20/2020 at 10:13:46 (UTC).

STONEWARE TILE, INC. VS P2MG, LLC, ET AL.

Case Summary

On 05/03/2019 STONEWARE TILE, INC filed a Contract - Other Contract lawsuit against P2MG, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4358

  • Filing Date:

    05/03/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

STONEWARE TILE INC.

Defendants

P2MG LLC

LOS ANGELES UNIFIED SCHOOL DISTRICT

AMERICAN CONTRACTORS INDEMNITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

EATON LUKE N.

Defendant Attorneys

ARMSTRONG MARRICK

BUCHANAN NATASHA KAMDAR

HOGGARD WILLIAM

 

Court Documents

Request for Dismissal - Request for Dismissal

8/27/2020: Request for Dismissal - Request for Dismissal

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

7/14/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Minute Order - Minute Order (Court Order Re: Motion for Reconsideration)

7/9/2020: Minute Order - Minute Order (Court Order Re: Motion for Reconsideration)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion for Reconsideration) of 07/09/2020

7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion for Reconsideration) of 07/09/2020

Declaration (name extension) - Declaration in Opposition to the Motion for Deemed Admissions and Sanctions

6/22/2020: Declaration (name extension) - Declaration in Opposition to the Motion for Deemed Admissions and Sanctions

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

6/23/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

4/9/2020: Request for Dismissal - Request for Dismissal

Substitution of Attorney - Substitution of Attorney

7/8/2019: Substitution of Attorney - Substitution of Attorney

Proof of Personal Service - Proof of Personal Service

5/30/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

5/30/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

5/30/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

5/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

5/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

5/3/2019: Complaint - Complaint

Summons - Summons on Complaint

5/3/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/3/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

13 More Documents Available

 

Docket Entries

  • 08/28/2020
  • DocketHearing on Motion for Reconsideration scheduled for 09/29/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/28/2020

    Read MoreRead Less
  • 08/28/2020
  • DocketNon-Jury Trial scheduled for 10/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/28/2020

    Read MoreRead Less
  • 08/28/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/06/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/28/2020

    Read MoreRead Less
  • 08/27/2020
  • DocketOn the Complaint filed by STONEWARE TILE, INC. on 05/03/2019, entered Request for Dismissal with prejudice filed by STONEWARE TILE, INC. as to the entire action

    Read MoreRead Less
  • 08/27/2020
  • DocketUpdated -- Luke N. Eaton (Attorney): Organization Name changed from Pepper Hamilton LLP to Troutman, Pepper Hamilton Sanders LLP

    Read MoreRead Less
  • 08/27/2020
  • DocketUpdated -- Luke N. Eaton (Attorney): Organization Name changed from Troutman, Pepper Hamilton Sanders LLP to Troutman Pepper Hamilton Sanders LLP

    Read MoreRead Less
  • 07/14/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: STONEWARE TILE, INC. (Plaintiff)

    Read MoreRead Less
  • 07/09/2020
  • DocketHearing on Motion for Reconsideration scheduled for 09/29/2020 at 09:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 07/09/2020
  • DocketMinute Order (Court Order Re: Motion for Reconsideration)

    Read MoreRead Less
  • 07/09/2020
  • DocketCertificate of Mailing for (Court Order Re: Motion for Reconsideration) of 07/09/2020; Filed by: Clerk

    Read MoreRead Less
18 More Docket Entries
  • 05/30/2019
  • DocketProof of Personal Service; Filed by: STONEWARE TILE, INC. (Plaintiff); As to: LOS ANGELES UNIFIED SCHOOL DISTRICT (Defendant); Service Date: 05/14/2019; Service Cost: 69.88; Service Cost Waived: No

    Read MoreRead Less
  • 05/03/2019
  • DocketNon-Jury Trial scheduled for 10/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/03/2019
  • DocketComplaint; Filed by: STONEWARE TILE, INC. (Plaintiff); As to: P2MG, LLC (Defendant); LOS ANGELES UNIFIED SCHOOL DISTRICT (Defendant); AMERICAN CONTRACTORS INDEMNITY COMPANY (Defendant)

    Read MoreRead Less
  • 05/03/2019
  • DocketCivil Case Cover Sheet; Filed by: STONEWARE TILE, INC. (Plaintiff); As to: P2MG, LLC (Defendant); LOS ANGELES UNIFIED SCHOOL DISTRICT (Defendant); AMERICAN CONTRACTORS INDEMNITY COMPANY (Defendant)

    Read MoreRead Less
  • 05/03/2019
  • DocketSummons on Complaint; Issued and Filed by: STONEWARE TILE, INC. (Plaintiff); As to: P2MG, LLC (Defendant); LOS ANGELES UNIFIED SCHOOL DISTRICT (Defendant); AMERICAN CONTRACTORS INDEMNITY COMPANY (Defendant)

    Read MoreRead Less
  • 05/03/2019
  • DocketCivil Case Cover Sheet; Filed by: STONEWARE TILE, INC. (Plaintiff); As to: P2MG, LLC (Defendant); LOS ANGELES UNIFIED SCHOOL DISTRICT (Defendant); AMERICAN CONTRACTORS INDEMNITY COMPANY (Defendant)

    Read MoreRead Less
  • 05/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 05/03/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 05/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC04358    Hearing Date: June 23, 2020    Dept: 25

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Stoneware Tile, Inc.’s Motion for Request for Admissions, Set One, to be Deemed Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the reduced amount of $500.00 to be paid within thirty (30) days of service of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of June 17, 2020 [ ] Late [X] None

REPLY: None filed as of June 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 3, 2019, Plaintiff Stoneware Tile, Inc. (“Plaintiff”) filed an action for breach of contract, common counts, to enforce public works stop payment notice, and to enforce claim on public works payment bond against Defendants P2MG, LLC (“P2MG”), Los Angeles Unified School District (“LAUSD”), and American Contractors Indemnity Company (“ACIC”).

Defendant P2MG and ACIC filed an Answer on June 18, 2019, and Defendant LAUSD filed its Answer on October 10, 2019.

On March 6, 2020, Plaintiff filed the instant Motion for Request for Admissions, Set One, to be Deemed Admitted and Request for Sanctions (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

A. Request to Deem Admitted

 

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Here, Plaintiff served Requests for Admission, Set One, on Defendant P2MG on January 17, 2020, by regular mail. (Mot., Eaton Decl., ¶¶ 3-4, Exh. A.) To date, Plaintiff has not received any responses to the Requests for Admission. (Id. at ¶ 7.) Thus, Plaintiff is entitled to an order deeming the Requests for Admission, Set One, admitted against Defendant P2MG. (Code Civ. Proc., § 2033.280.)

B. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. Misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff’s counsel requests a total of $2,100.00 in sanctions, which includes six hours of attorney time billed at $350.00 per hour. (Mot., Eaton Decl., ¶ 8.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. Thus, Plaintiff’s request for sanctions is GRANTED in the reduced amount of $500.00 based on one and half hour of attorney time. Defendant P2MG is ordered to pay sanctions within thirty (30) days of service of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Stoneware Tile, Inc.’s Motion for Request for Admissions, Set One, to be Deemed Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the reduced amount of $500.00 to be paid within thirty (30) days of service of this order.

Moving party is ordered to give notice.